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Penal Code (XLV of 1860)--------S. 302-Conviction under section Special Leave to Appeal to Supreme Court-Difference f opinion: between members of Division Bench-Matter referred to third Judge-Leave granted because of difference between members of original Bench. Hamid-ud-Din, Advocate Supreme Court instructed by Nazir-ud-Din, Attorney for Appellants. Mushtaq Ahmad, Advocate-General West Pakistan (Muhammad Iqbal Hussain, Advocate Supreme Court with him) instructed by Ijaz Ali, Attorney for the State. Date of hearing : 8th October 1958. JUDGMENT MUHAMMAD MUNIR, C. J.-At about 6 o'clock on the evening of 28th September 1956, a mob of men from village Rasoolabad, carrying sharp-edged weapons and fire-arms, entered the bazar of Gharhi Khairpur and started indiscriminately attacking and killing the Hindu shopkeepers. In the course of this murderous expedition four Hindus, namely, Awatmal, Tahkanmal, Shivalmal and Hiromal were killed and Paroomal, Dalpat, Balomal, Jeomal, Snagatmal and Chetumal injured. One Muslim refugee Ghulam Sabir was also killed. Twelve persons were prosecuted for the offences thus committed. Of them six were acquitted by the Sessions Judge, Jacobabad, while the remaining six were convicted and sentenced for murder, attempted murder and illicit possession of fire-arms the sentence for murder in each case being death. The appeal from these convictions and sentences were heard, in the first instance by Constantine and Lari, JJ. who agreed in acquitting three of the appellants but differed in regard to the remaining three, namely, Ghaibi, Mullan Muhammad and Muhammad Umer. Constantine; J. being of the opinion that their appeals should be dismissed and Lari, J. being of the view that they also should be acquitted. The matter, therefore, came up before a third Judge, Bachal, J., who agreed with Constantine, J., with the result that the convictions and sentences of these three persons were maintained. We gave special leave to appeal because of the difference between the members of the original Bench. We have once more read the three opinions and heard counsel at length who has taken us through the evidence and have come to the…

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